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Inland Empire Law Group Feeden-us2018 Inland Empire Law Group, All Rights Reserved, Reproduced with Permissionhttps://www.davidrickslaw.com/Wed, 19 Dec 2018 04:30:10 GMTInland Empire Law Group Feedhttps://www.davidrickslaw.com/images/logoprint.gifhttps://www.davidrickslaw.com/
Attitudes toward women in the workplace have changed dramatically over the past few decades, largely for the better. However, despite any progress made toward accepting women as equals on the job, sexual harassment in the workplace remains a persistent problem in the United States.

According to a 2017 CNBC All-American Survey, approximately one-fifth of American adults have experienced workplace sexual harassment. Ten percent of men reported being sexually harassed on the job, while 27 percent of female employees reported being sexually harassed.

Regardless of whether the victim is a male or female, sexual harassment in the workplace is expressly forbidden by state and federal law. Because employment-based sexual harassment and discrimination violates Title VII of the Civil Rights Act of 1964, it falls under the enforcement of the U.S. Equal Employment Opportunity Commission (EEOC). This federal agency is tasked with eliminating sex-based barriers to equal employment opportunity.

The EEOC offers a variety of helpful information for employees who find themselves being sexually harassed on the job. The EEOC also provides definitions of what constitutes sexual harassment, and what victims can do to seek help. If you're being sexually harassed in the workplace, here's what you need to know.

Types of Workplace Sexual Harassment

Federal law protects workers against harassment or discrimination based on their sex. Sexual harassment is one of the most common types of sex-based on-the-job discrimination. According to the EEOC, sexual harassment can include:

Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical harassment of a sexual nature

Harassment of a sexual nature isn't the only kind of sex-based discrimination that occurs in the workplace. It's also illegal to make offensive comments about a person because of their sex, or make disparaging comments about their entire gender.

Examples of Sexual Harassment in the Workplace

Sexual harassment is behavior that can negatively affect a person's employment, whether by interfering with the victim's work performance, or creating an intimidating, hostile, or offensive environment. Examples of offensive conduct can include:

Sexually suggestive jokes

Sexual slurs or nicknames

Sexual intimidation

Offensive photos or videos

Physical threats or assaults

Ridicule, mockery, or insults in retaliation for refusing advances

In some cases, victims may be demoted or even fired for refusing to put up with a harasser's sexual advances; however, victims of on-the-job sexual harassment may have grounds for a lawsuit even if they haven't sustained economic injuries.

The subject of a sexual harassment complaint can be the victim's supervisor, the supervisor of another department, an agent of the employer, a co-worker, or even someone who isn't an employee. Additionally, the person bringing the sexual harassment complaint doesn't have to be the victim of the harassment—it can be anyone affected by the offensive and unlawful conduct.

Reporting Workplace Sexual Harassment

Sexual harassment victims may be reluctant to report their abuse for fear of retaliation. Fortunately, it's illegal for employers to retaliate against employees who oppose employment practices that violate Title VII of the Civil Rights Act of 1964.

The EEOC recommends that the employee experiencing sexual harassment confront the harasser directly to let them know that their advances are unwanted and unwelcome. If that doesn't stop the harassment, the EEOC urges victims to take advantage of whatever employer complaint mechanism or grievance system at their disposal.

If all else fails, victims of workplace sexual harassment can contact the EEOC and ask them to begin an investigation into the harassment and hostile work environment.

Consult an Experienced California Attorney

Employers should take reasonable steps to prevent sexual harassment in their workplace, including clearly communicating a no-tolerance policy to employees. Those who fail to take the necessary precautions may be held liable, especially if the harassment leads to a negative employment outcome, such as failure to hire or promote, lost wages, or termination.

]]>https://www.davidrickslaw.com/library/sexual-harassment-in-the-workplace.cfmwww.davidrickslaw.com-123124Tue, 18 Dec 2018 07:00:00 ESTTraumatic brain injuries (TBIs) are a leading cause of disability and death in the United States, according to the Centers for Disease Control and Prevention (CDC). Statistics from the American Association of Neurological Surgeons (AANS) reveal an estimated 1.7 million new TBI cases are diagnosed each year, with more than 235,000 of those cases serious enough to require hospitalization.

Sadly, there's no quick fix or cure for a TBI injury. These devastating injuries can cause a wide range of temporary, long-term, or even permanent impairments that can affect a victim's ability to care for themselves, hold a job, or maintain relationships. Approximately 5.3 million people in the United States live with a TBI-related disability. Often, these injuries are sustained in horrific personal injury accidents. Read on to learn more about common TBI causes, and how to seek help, and compensation for brain injuries suffered in an incident caused by another person or entity's negligence.

How TBIs Occur

Conditions created in a personal injury accident are often ideal for leading to traumatic head and brain injuries. TBIs occur when the head or the body sustains jolt or blow powerful enough to disrupt the brain's normal functions.

Types of TBIs

Not all TBIs have the same causes—or effects. As a result, TBIs are often grouped by injury, or the mechanism of injury. Common types of TBIs include:

Open TBI. Designating a TBI as “open” means that the injury was caused by a foreign object penetrating the skull.

Closed TBI. Injuries classified as “closed” TBIs are those caused by a blow or jolt, rather than a penetrating object.

Deceleration diffuse axonal injuries. The right kind of blow or jolt can cause the brain to move around inside the skull. Often, these types of injuries are characterized by brain bleeds at the point of impact, as well as on the other side of the brain where it collided with the inside of the skull.

Common TBI Causes

According to the AANS, between 50 and 70 percent of TBIs are the result of a motor vehicle accident such as a car, truck, bicycle, motorcycle, or pedestrian crash. Falls—whether from a height or at ground level—are another leading cause of TBIs in the United States. Other common causes include sports and recreational activities, explosive blasts, and violence.

Impairments Related to TBIs

Living with a TBI often isn't easy, for either the victims or their families. The negative impairments associated with traumatic brain injuries can affect nearly every aspect of a victim's life. Here are examples of common types of impairments and their potential effects:

Cognitive-communication. TBIs can also cause difficulty with cognitive processes and systems, and verbal and non-verbal communication that can result in attention deficits, executive function impairments, information processing issues, memory and learning deficits, impaired meta and spacial cognition, and orientation or positioning deficits.

Consult an Experienced California Personal Injury Attorney

A TBI is one of the most challenging types of injury an accident victim can sustain. Due to the devastating array of potential impairments, TBIs can have serious consequences for a victim's finances, career, personal relationships, and independence. However, if the TBI was sustained in a car accident, truck crash, slip and fall, or other personal injury accident that wasn't the victim's fault, they may be entitled to compensation for medical expenses, property damages, lost wages, loss of income, pain and suffering, and other damages. A knowledgeable and experienced personal injury attorney can help you understand your legal rights, explore your options for compensation, and navigate the complex personal injury litigation process.

If you have questions or concerns about a personal injury-related TBI case, contact the skilled attorneys with the Inland Empire Law Group at (888) 694-3529 to schedule a free initial consultation to discuss the details of your case with a member of our legal team. Please note that our office focuses on injury claims in Southern California but can also answer questions for any other claims in the State of California.

]]>https://www.davidrickslaw.com/library/common-causes-of-tbi-injuries.cfmwww.davidrickslaw.com-122995Mon, 17 Dec 2018 08:00:00 ESTMotorcycle accidents are a daily occurrence on California roadways. Sadly, because motorcyclists lack any meaningful form of protection, they're 28 times more likely than passenger vehicle occupants to die in a crash, per vehicle mile traveled, according to the Insurance Information Institute (III). Learning about the most common types of motorcycle accidents—and their causes—may help motorcyclists avoid them.

Accidents that occur when a motorist or cyclist is making a left-hand turn

Accidents that occur as a motorist changes lanes

Accidents that occur when a motorcyclist loses control due to road conditions

Motorcycle accidents can have any number of causes, but some of the most common causes include:

Speeding

Riding or driving under the influence of drugs or alcohol

Inexperienced drivers or motorcyclists

Drivers failing to check their blind spots

Drivers opening the door of a parked vehicle in the path of an oncoming motorcycle

Motorcyclists maneuvering between vehicles and lanes of traffic, also known as lane splitting

Dangerous road conditions

Unfortunately, motorcycle accidents can lead to serious, life-threatening, or even deadly injuries for motorcyclists, such as “road rash” abrasion injuries, broken bones, amputations or lost limbs, traumatic brain injuries (TBIs), spinal cord injuries—including paralysis—and death. After a serious motorcycle accident, victims may be entitled to seek compensation for their injuries and other losses via an insurance claim or personal injury lawsuit.

Do You Need Help Handling a Motorcycle Accident Insurance Claim or Lawsuit?

If you were injured in a motorcycle accident, you may find yourself undergoing extensive medical treatment, while facing unexpected medical debt and time away from work while you heal. The experienced motorcycle accident attorneys with the Inland Empire Law Group can help you fight for the compensation you need and deserve. There's a lot at stake after a motorcycle accident—contact us today to schedule an appointment for a free initial consultation.

]]>https://www.davidrickslaw.com/blog/motorcycle-crashes-and-causes.cfmwww.davidrickslaw.com-183693Tue, 11 Dec 2018 07:00:00 ESTTexting has a well-deserved reputation for being one of the most dangerous distracted driving behaviors, as it combines all three main types of driver distraction: cognitive, manual, and visual. However, texting isn't the only distraction drivers create while behind the wheel. Even drivers who wouldn't dream of using their smartphone while driving may engage in distracted driving behaviors and not even realize it at the time.

Common distractions which increase a driver's risk of being involved in an accident include:

Grooming, applying makeup, doing hair or using an electric razor

Eating or drinking

Disciplining unruly children

Conversing with passengers

Rubbernecking at traffic accidents

Listening to music, including changing a CD or the radio station

Adjusting audio or climate controls

Using an in-vehicle GPS navigation system

Looking or reaching for something in the vehicle

Daydreaming

Many of these distracted driving behaviors may seem harmless, but statistics show they're anything but. The consequences of distracted driving can range from mild to deadly. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents injured approximately 391,000 people in 2015 and claimed the lives of 3,450 people in 2016. These accidents, injuries and fatalities are particularly heartbreaking, considering they were entirely preventable. If we alter our distracted driving habits, we may be able to save a life or avoid an injury.

Another sad thing about distracted driving accident, injury, and death statistics is that they may be a dramatically underestimated, as many drivers are unlikely to admit that they were distracted at the time of the crash.

Were You Hurt in a Distracted Driving Accident?

If you were injured in an accident caused by the negligence of a distracted driver, you may be entitled to compensation for a wide range of damages, including related medical expenses, lost wages, loss of earning potential, pain and suffering, mental anguish, and more. The skilled attorneys with the Inland Empire Law Group can help you understand your legal rights and options. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial consultation.

]]>https://www.davidrickslaw.com/blog/common-driver-distractions.cfmwww.davidrickslaw.com-182703Mon, 10 Dec 2018 07:00:00 ESTSlip and fall accidents and other premises liability incidents can cause lasting physical injuries—particularly when young children or elderly victims are involved. Fortunately, victims injured in California premises liability accidents caused by another person’s or entity's negligence may be entitled to compensation for damages from a fall or other injury causing event.

A premises liability claim means an injury that occurred on another person's property. If you were injured in a premises liability accident and are considering taking legal action, avoid these common mistakes which could jeopardize your ability to collect a fair financial recovery.

Failing to Report the Accident

Regardless of whether the accident occurred in a grocery store, shopping mall, office building, parking lot, or apartment building, it's important to report the incident to the property or business manager, supervisor, or owner as soon as possible. Victims should also ask to complete an accident report and request a copy of that report for their records.

Reporting the accident gets the incident on record, making it easier for you to file a personal injury insurance claim or lawsuit if you later choose to do so. It also may get the property owner to preserve evidence, such as saving a video recording of the incident.

Being Embarrassed for the Fall

Many who fall are embarrassed of the fall itself and want to sweep the matter under the rug. They may even apologize for their own fall even though the fall was not their mistake. Likewise, angrily placing blame after an accident rarely helps anyone and can make an already tense situation even more contentious. It's better to say as little as possible, and let the other involved parties communicate with your attorney.

Failing to Gather Evidence at the Scene of the Accident

Even if the circumstances of your premises liability accident seem clear, evidence supporting your claims can make an already strong case even stronger. Photos or videos of the accident scene, your injuries and the cause of the accident (if known) can be extremely helpful. Other important evidence available at the scene can include surveillance video footage, and witness statements and contact information.

Delaying Medical Attention

If you weren't taken to the hospital in an ambulance after your premises liability accident, you might think this means it isn't necessary to go see a doctor. That's a mistake—and one that can seriously cost you. Seeking prompt medical attention not only protects your health by assuring you don't have injuries, such as concussions or internal bleeding, but it also documents your accident and injuries as being related to the fall itself. Also, soft-tissue injuries are common after premises liability accidents; these injuries can take hours or even days to present. If you have to return to the doctor to report new symptoms, your doctor will also be able to link them to the recent accident in your records.

When it comes to documenting premise liability accident-related injuries, going to the doctor just once is rarely—if ever—sufficient. It's important to keep your follow-up appointments with your doctor, and follow their treatment plan to the letter. If not, you run the risk of the insurance company or defense claiming that you're not doing your part to recover from your injuries.

Providing a Recorded Statement to an Insurance Company

The insurance adjuster may make it sound like they want to resolve your claim quickly and fairly, but their loyalty is to the company's finances and not yours. Initially, providing a recorded statement to the insurance adjuster may seem like an easy way to jump-start your claim. Unfortunately, without first speaking with a lawyer, making a statement to the insurance company rarely benefits your claim. Recorded statements can be manipulated and used against you. If you misspeak—it can end up costing you. Speaking with a personal injury attorney can help you understand what you should—and shouldn't—say during such a statement.

Accepting a Settlement Offer Before Consulting an Attorney

A business, insurance company, or property owner may claim they're looking out for your interests by offering a quick settlement, but the only way to find out if the settlement is fair to you is by speaking with a qualified personal injury attorney. Don't accept a first offer, it is rarely the true value of your case.

If you were hurt in a premises liability accident, the experienced attorneys with the Inland Empire Law Group can help. Contact us today at (888) 694-3529 to schedule an appointment for a free, no-obligation initial case consultation.

]]>https://www.davidrickslaw.com/library/premises-liability-case-mistakes.cfmwww.davidrickslaw.com-122853Sun, 02 Dec 2018 20:00:00 ESTApproximately 17,700 new spinal cord injury cases are diagnosed each year in the United States, according to the National Spinal Cord Injury Statistical Center (NSCISC). Of those 17,700 spinal cord injury victims, 38.3 percent sustain their injury in a motor vehicle accident, making car and truck crashes the leading cause of spinal cord injuries.

These types of injuries can turn an accident victim's life upside down—both physically and financially. Victims may be paralyzed, unable to work, and requiring long-term or even lifelong medical care that can include:

Surgical procedures

Doctors visits

Hospitalizations

Physical therapy

Occupational therapy

Speech therapy

Mental health services

Medications

In-home health aides

Mobility equipment, such as wheelchairs

While medical bills are the most obvious type of expense that accident victims with spinal cord injuries face, it's far from the only kind of cost that they incur. Other expenses can include:

Travel to and from medical treatments, including transportation, dining, lodging and entertainment costs

Modifications to make their home handicap and wheelchair accessible

Wheelchair-accessible vehicles

The exact cost of living with a spinal cord injury can vary depending on the type and severity of the injury, as well as the age at which the injury occurred. The more serious the injury and the earlier it happened—the higher the associated lifetime costs.

According to the Christopher & Dana Reeve Foundation, the estimated lifetime cost of living with the most serious form of spinal cord injury—High Tetraplegia (C1-C4) ASIS ABC—is $4,724,181 for someone injured at age 25 and $2,596,329 for someone injured at age 50. Even victims with the mildest form of spinal cord injury—incomplete motor function—can face lifetime expenses of $1,578,274 if injured at age 25 or $1,113,990 if injured at age 50.

Do You Need an Experienced Car Accident Lawyer?

If you sustained a spinal cord injury in a car accident caused by another person or entity's negligence, you may be entitled to compensation for a wide range of damages. Contact the Inland Empire Law Group today at (888) 694-3529 to schedule an appointment for a free initial case consultation.

]]>https://www.davidrickslaw.com/blog/spinal-cord-injury-costs.cfmwww.davidrickslaw.com-183168Mon, 15 Oct 2018 09:00:00 ESTWalking is a popular mode of transportation that can save money, spare the environment, and serve as healthy exercise. Unfortunately, for all of its benefits, walking isn't always safe. Pedestrian accidents have been on the rise all across the United States in recent years. According to the Centers for Disease Control and Prevention (CDC), nearly 5,400 pedestrians were killed—and almost 129,000 were injured—in vehicle vs. pedestrian crashes in 2015 alone. Sadly, the number of pedestrians injured or killed in these accidents has only continued to grow in the years since.

Pedestrian accidents are an everyday occurrence in California. The state reported more than 350 pedestrian fatalities in the first six months of 2017 alone, earning it the unenviable ranking of 15th in the nation for pedestrian deaths.

If you were injured—or lost a loved one—in a California pedestrian accident caused by another person or entity's negligence, you may be entitled to compensation. Here's what you need to know about common pedestrian accident causes before taking legal action.

Pedestrian Accident Causes

Negligence is a common factor in pedestrian accident cases, whether that negligence is on the part of the driver or the pedestrian. That makes pedestrian accident injuries and deaths even more heartbreaking, as they're almost entirely preventable. Though most pedestrian accidents are caused by negligence, that negligence can come in many forms. Here are some of the most common negligence-related causes of pedestrian accidents:

Speeding

Driving while distracted

Driving while drowsy

Failing to yield the right of way to pedestrians at crosswalks

Driving unsafely for current weather, road conditions, or traffic conditions

Disobeying traffic signs or signals

Driving under the influence of drugs or alcohol

Failing to signal while turning

Aggressive driving

Who's Most at Risk for Involvement in a Pedestrian Accident?

Decades of research into pedestrian accidents have revealed certain demographics more likely to be involved in a pedestrian accident. According to the CDC, these at-risk groups include:

Pedestrians age 65 and older

Children, particularly those under the age of 15

Alcohol-impaired drivers and pedestrians

Additionally, research shows that most pedestrian accidents occur in urban areas at night, when visibility is greatly reduced.

Potential Damages in Pedestrian Accident Cases

Pedestrian accident victims may be seriously injured, require extensive medical treatment, and be unable to work while they wait for their injuries to heal. Unfortunately, sometimes the financial consequences of another person's negligence can only make things more painful when combined with the physical injuries. However, pedestrian accident victims in California can seek compensation for a wide range of damages including:

Medical bills

Future medical expenses

Lost wages

Loss of earning potential, if applicable

Pain and suffering

Mental anguish

Scarring or disfigurement

Total disability

Reduced quality of life

Loss of enjoyment of life

And more

In cases where the defendant's behavior was particularly heinous, such as a repeat intoxication, pedestrian accident victims may be eligible for a third, rarely-awarded type of compensation known as punitive damages. Rather than being intended to compensate accident victims for an economic or non-economic loss, punitive damages punish the defendant and discourage similar conduct in the future.

After a California pedestrian accident, a lot is riding on the outcome of your personal injury case. Don't leave the outcome to chance or to an experienced lawyer. You need a skilled personal injury attorney who knows the ins and outs of California tort law. The exceptional attorneys with the Inland Empire Law Group can provide the experienced, competent, and aggressive representation you need when fighting for the compensation you deserve. If you were hurt in a pedestrian accident, we can help. Contact the Inland Empire Law Group today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a complimentary initial case consultation.

]]>https://www.davidrickslaw.com/library/pedestrian-accidents-and-their-causes.cfmwww.davidrickslaw.com-122646Thu, 11 Oct 2018 09:00:00 ESTReckless driving is a common type of behind-the-wheel negligence that can lead to accidents, injuries, and deaths. This is no minor traffic infraction. In California, reckless driving is a misdemeanor offense that can result in up to three months in jail, between $145 and $1,000 in fines, and as many as two years probation.

Section 23103 of the California Vehicle Code defines reckless driving as “a person who drives a vehicle upon a highway (or in an off-street parking facility) in willful or wanton disregard for the safety of persons or property. . . ." Though the term “reckless driving” can refer to a wide range of unsafe behaviors, common examples include:

Excessive speeding

Tailgating

Instigating conflicts with other drivers

Purposefully running other vehicles off the road

Weaving in and out of lanes in a way that endangers other motorists

Engaging in illegal street racing

Disregarding traffic signs and signals

California law considers two types of reckless driving: “wet” reckless driving, which indicates the involvement of drugs or alcohol, and “dry” reckless driving, which drugs and alcohol were not a factor.

Were You Injured by a Reckless Driver?

Reckless driving causes countless accidents, injuries, and fatalities each year—both in California and across the nation. If you were injured in an accident caused by a reckless driver, you may be entitled to compensation for damages such as medical expenses, property damages, lost wages, and pain and suffering. Additionally, if the reckless driver's conduct was particularly egregious, you may be entitled to a rarely-awarded type of compensation known as punitive damages.

Do you have questions about an insurance claim or personal injury lawsuit? The knowledgeable and experienced car accident attorneys with the Inland Empire Law Group can answer your questions, and help you better understand your legal rights and options. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial consultation.

]]>https://www.davidrickslaw.com/faqs/reckless-driving-in-california.cfmwww.davidrickslaw.com-61407Tue, 09 Oct 2018 09:00:00 ESTA rear-end accident occurs when one vehicle crashes into the back of another vehicle. These types of collisions are one of the most common types of car accidents in the United States. More than 6 million car crashes are reported to law enforcement each year and rear-end collisions account for more than one-third of those accidents, according to the National Highway Traffic Safety Administration (NHTSA). In fact, more people are injured in rear-end accidents than any other type of crash; these collisions injure more than 500,000 and kill nearly 2,000 people annually.

After a rear-end accident, many people just assume that the driver who did the rear-ending is the one to blame. This is often correct since many of these collisions are caused by excessive speed, traveling too closely behind another vehicle or distracted driving. One NHTSA study found that distraction of the trailing driver was a factor in 87 percent of rear-end accidents. However, there are exceptions to this general rule. The first driver may potentially share in liability if they:

Reverse suddenly

Have non-functioning brake lights

Stop to turn, but then change direction at the last moment

Leave a disabled vehicle in the middle of the road without turning on hazard lights or setting up emergency triangles

Stopping quickly for no reason

It's also important to note that being partially responsible for a rear-end accident doesn't necessarily preclude a driver from collecting compensation for damages. California is a pure comparative negligence state, meaning that each party is liable for their percentage of fault and their financial award is reduced according to their respective liability.

Do You Have Questions About a California Rear-End Accident?

If you were injured in a rear-end accident that was not your fault, or even partially your fault, you may be concerned about whether you're eligible to collect compensation for medical expenses, property damages, lost wages, and other losses. The knowledgeable and experienced car accident attorneys with the Inland Empire Law Group can review the details of your case, and help you understand your legal rights and options. Contact us today at (888) 694-3529 to request an appointment for a free initial case consultation.

]]>https://www.davidrickslaw.com/faqs/understanding-rear-end-crash-liability.cfmwww.davidrickslaw.com-61616Mon, 08 Oct 2018 09:00:00 ESTA wrongful death claim is a type of personal injury case designed to seek compensation for family members whose loved one is killed as the result of negligence or misconduct by another party. Wrongful death cases are initiated by the immediate family members, such as a spouse, domestic partner, children, or possibly parents. The purpose is to seek damages for the losses suffered related to the victim's death.

Types of Damages in a Wrongful Death Claim

Reimbursable expenses are those which are easily verified. In a wrongful death claim, these include medical expenses up to the time of death and associated funeral and burial costs. Losses can also include the loss of financial support the deceased person contributed to the family members left behind.

Damage amounts which may be recovered by the estate and/or family members as a result of the victim's death, include:

Age. A person in the prime of their life with an established earnings record will result in a higher economic recovery then someone near the end of their average life expectancy, or someone young with no history of earnings.

Physical health. If the victim had a medical condition that could reasonably have been expected to shorten his or her life expectancy, this may be taken into consideration.

Occupation. The value of lost wages assigned to the estate is higher when a victim is employed in a higher earning occupation.

Future earning capacity. Victims who were young, educated professionals in fields with a strong opportunity for professional advancement will have highest values assigned to their cases due to the likelihood that their earning capacity would have continued to increase each year. If the victim was a child, assumptions about education and future earning potential are made using statistical tables that take various demographic characteristics into account, but if there is no expectation of support by the child for the parents, then there is no loss of support suffered by the parents.

Value of care provided to others. If the victim was a parent with young children or the caretaker for an elderly family member, the fair market value of this uncompensated labor is considered wages for the purpose of calculating a claim.

Value of financial support provided to others. If the victim provided financial support to a spouse, parent, child, or other relative, the value of this support can be considered in calculating the claim.

Punitive damages are damages which are awarded solely to punish the defendant for serious misconduct that demonstrates a disregard for the wellbeing of others. Punitive damages are fairly rare in wrongful death cases, with the exception of claims involving nursing homes, elder abuse or product liability claims. The are some instances when a traffic collision can result in the recovery of punitive damages.

The Effect of Policy Limits for Wrongful Death

In personal injury cases involving a large multi-national corporation's liability for a defective product, collectability of a settlement is generally not an issue. Large corporations are extremely well insured so insurance coverage is not a serious consideration.

Unfortunately, when you are dealing with a small business or a private individual, policy limits will often play a key role in the settlement process. Even if you have a solid case to argue for substantial damages, you can only collect up to the policy's limits unless other assets from the defendant are available to fund a settlement.

Keep in mind that negligence awards can typically be discharged in a bankruptcy suit. This means that pushing for an award that is too excessive for the defender's resources may be a waste of time and energy.

Effect of Tax Liability for a Wrongful Death Settlement

Wrongful death settlements are generally non-taxable if the payments are intended to compensate for the pain and suffering experienced by the victim and his family members. If the damages are intended to be punitive, they are taxable. It is recommended that you consult with an experienced certified public accountant if you have questions about your tax liability and how this affects the fairness of a settlement offer.

Protecting Your Right to Compensation in California

The best way to protect your right to compensation in a wrongful death claim is to retain the services of an experienced attorney. Your attorney can line up evidence to support your case and negotiate with the insurance company on your behalf.

The experienced legal team at Inland Empire Law Group is committed to helping California residents seek compensation following the death of a loved one due to another party's negligence. Call today to schedule a free, no-obligation case review at either our Victorville or Rancho Cucamonga location.

]]>https://www.davidrickslaw.com/faqs/damages-in-a-wrongful-death-lawsuit.cfmwww.davidrickslaw.com-59226Wed, 26 Sep 2018 07:00:00 ESTCalifornia is one of 19 states with a universal helmet law that requires motorcycle drivers and passengers to wear a helmet while the vehicle is in operation, regardless of their age or ability. Some states exempt riders and passengers from wearing a helmet if they're over the age of 21 or have completed an approved safety course. However, in California, anyone driving or riding a motorcycle, motor-driven cycle, or motorized bicycle must wear a U.S. Department of Transportation (DOT) compliant motorcycle safety helmet—no exceptions. Additionally, the helmet must feature certification from the manufacturer stating that it complies with U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218.

Failing to wear a motorcycle helmet in California can have consequences that range from a verbal warning up to a $250 fine. Most importantly, not wearing a helmet can negatively impact any personal injury insurance claim or lawsuit a motorcycle driver or passenger might bring in the event of an accident. California is a comparative negligence state and if a motorcycle driver or passenger wasn't wearing a helmet, it leaves the door open for the opposing party's insurance company or defense attorney to claim that the victim was partially responsible for his own injuries.

Were You Injured in a Motorcycle Accident?

If you were hurt in a motorcycle accident caused by another person or entity's negligence, you may be entitled to compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damage. Even if you weren't wearing a helmet at the time of the accident, an experienced personal injury trial lawyer can assert arguments to overcome some of the comparative negligence claims raised by the defense.

The seasoned personal injury attorneys at the Inland Empire Law Group have extensive experience helping injured motorcyclists secure the compensation they need and deserve after an accident. If you have questions about your motorcycle accident case, contact us today at (909) 481-0100 or (888) 694-3529 to schedule an appointment for a free, no-obligation initial consultation. We're happy to help you better understand your legal rights, options and rights to compensation.

The use of cappers to solicit business is illegal under California law, but it is not always easy for someone who has been injured to identify a capper. If you are searching for a personal injury attorney, there are a few factors to remember to help you find ethical representation.

Signs of a Capper

A capper, also called a runner or ambulance chaser, is a person or organization who is acting for compensation on behalf of a lawyer or law firm to solicit business for the lawyer or law firm. You are being lured by a capper if you are approached shortly after your accident by a person who claims to be working for a law firm. Cappers approach potential clients at accident scenes, at a hospital, at funerals, or at their private residence. These individuals have not been contacted first by you or your family and are engaged solely to get your signature on a contract while your are desperate and have not had a chance to speak to a lawyer who abides by the law. There are risks associated with hiring an attorney that approaches you after an accident. This person will use aggressive sales tactics and will make unrealistic promises to attempt to convince you to become a client of the law firm, often appealing to your worry about your injuries and your financial needs for your family. They will provide vague and misleading information instead of being forthcoming with answers to any questions you have about your legal rights.

Unsolicited phone calls and letters that arrive after an accident are also a warning sign of a capper. When a letter contains personal information that should not be publicly available, this is a sign that an attorney is trying to solicit business improperly. When someone calls your home that you do not know, they researched your contact information or got your telephone number illegally from someone who is tasked with keeping your information confidential.

Cappers are paid a fee for each client they bring to an attorney's office, plus a part of the final settlement. Some cappers can receive tens of thousands of dollars to secure your signature on a retainer contract. A capper has no interest in protecting your legal rights only to secure a payday for them for violating the law. This scam is all about making an easy profit. It is likely that you will be pushed to settle quickly and may receive subpar representation from an attorney you may never even meet.

Finding Ethical Car Accident Representation in California

When it comes to finding ethical representation, the best approach is to do your own homework. Visit attorney websites in your community to learn about their qualifications and see what they can offer you. Then schedule an initial consultation to discuss your legal rights and options for making a personal injury claim against the person or entity that caused your injuries.

The legal team at Inland Empire Law Group never uses runners and cappers to secure clients for the firm. We would rather lose the opportunity to serve a client than to start a relationship based upon illegal activity. Our personal injury team serves residents of Rancho Cucamonga, San Bernardino, Ontario, Victorville, Fontana, and the surrounding areas of the Inland Empire. We will also represent clients in all of Southern California. Our attorneys are dedicated to advocating for the interests of California residents who suffer injuries due to the negligence of others. Call (888) 694-3529 or (909) 481-0100 today to schedule a free, no-obligation case review.

]]>https://www.davidrickslaw.com/faqs/spot-a-capper-after-your-accident.cfmwww.davidrickslaw.com-59820Mon, 24 Sep 2018 08:00:00 ESTSustaining a traumatic brain injury (TBI) can change a person's life—and not for the better. Each year in the United States, approximately 1.4 million people suffer some degree of a TBI. Of those 1.4 million people, roughly 50,000 die from their injury and more than 235,000 are hospitalized, according to the Brain Injury Alliance.

TBIs can occur when a violent jolt or blow to the head disrupts the brain's normal functions, resulting in physical, cognitive, and behavioral impairments. In some cases, these impairments may be temporary and can last for hours or months. In other circumstances the TBI can last through the life of the injured victim. However, the International Brain Injury Association (IBIA) estimates that as many as 5.3 million Americans are living with a disability related to a TBI.

Car accidents are a leading cause of TBI-related emergency room visits, hospitalizations, and deaths. If you sustained a TBI in a car accident caused by another person or entity's negligence, you may be entitled to compensation for those injuries. Here's what you need to know.

Types of TBIs

TBIs can be grouped into two major types: open and closed. An open TBI is one where a foreign object has penetrated the skull or there is a fracture in the skull. In closed TBI injuries, no penetration is present in the skull or dura mater.

TBIs can also be classified by severity. Concussions are the mildest—and most common—type of TBI. In most cases, mild concussions heal with no long-term negative effects. However, if a TBI concussion victim sustains another concussion before the first has healed, the injuries can have a cumulative effect. Moderate to severe TBIs are more serious, and more likely to result in long-term impairments. Moderate TBIs are characterized by abnormal brain imaging, and loss of consciousness or post-traumatic amnesia for up to 24 hours, while severe TBIs are characterized by abnormal brain imaging, loss of consciousness, coma, or post-traumatic amnesia for more than 24 hours.

Personal Injury-Related TBI Causes

Motor vehicle crashes may be a leading cause of TBIs, but vehicle accidents are far from the only type of personal injury accidents that can result in these types of injuries. According to the Centers for Disease Control and Prevention (CDC), falls are also responsible for TBIs, accounting for a full 47 percent of all TBI-related emergency room visits, hospitalizations, and deaths.

In addition to car accidents and falls, TBIs can also occur when a victim is struck by a falling object or struck against a stationary object.

The Cost of Living With a TBI

Car accident victims with moderate or severe TBIs may require lifelong medical treatment, rehabilitative therapies, assistive services and home modifications – the costs of which can quickly become insurmountable. Researchers at Northwestern University's Feinberg School of Medicine estimate the lifetime treatment costs for a traumatic brain injury to be somewhere between $85,000 and $3 million, not inclusive of non-medical care.

Available Damages

Victims who sustained a TBI in a car accident can find themselves facing serious financial challenges as a result. Fortunately, for victims injured in accidents caused by someone else's negligence, compensation for both economic and non-economic damages may be available. Potential damages can include:

Medical expenses

Property damages

Lost wages

Loss of earning capacity

Physical pain and suffering

Mental and emotional anguish

And more

In cases where the defendant's actions were particularly egregious, an additional type of compensation—known as punitive damages—may be available.

If you suffered a TBI in a car accident that wasn't your fault, you're probably well aware that there's a lot riding on the outcome of your personal injury insurance claim or lawsuit. With so much at stake, there's no room for error, which is why it's essential for accident victims to find knowledgeable legal representation they can count on.

The skilled legal team with the Inland Empire Law Group is dedicated to helping car accident TBI victims understand their rights and options, and pursue the compensation they need and deserve. Do you have questions about a car accident case? Contact us today at (888) 694-3529 to schedule an appointment for a free initial case analysis.

]]>https://www.davidrickslaw.com/library/tbis-and-car-crashes.cfmwww.davidrickslaw.com-122239Thu, 20 Sep 2018 09:00:00 ESTAfter a car accident, victims with devastating injuries are rushed to the nearest hospital in an ambulance, while victims without visible or immediately detectable injuries are left to decide whether they need medical attention. Unfortunately, many such accident victims make the mistake of delaying medical evaluation, refusing to complete the prescribed treatment, or failing to follow up with their doctor after a crash.

Oftentimes, a delay or gap in medical care is due to an accident victim's busy work schedule, a hope that any potential problems will resolve themselves, a denial that anything's actually wrong, or financial concerns, such as a lack of health insurance coverage. Sadly, regardless of the reasons for delaying medical care, failing to follow the doctor's orders, or not showing up for follow-up visits or treatments, doing so can jeopardize an accident victim's ability to recover a full measure of damages required to compensate for the injuries.

Don't Trust Insurance Companies to Do the Right Thing

Whether it is the victim's own insurance company or the opposing party's liability insurance company, simply trusting that the insurance company, through its adjusters, will do the right thing and handle the claim fairly is a huge mistake. Accident victims shouldn't consider insurance companies—or their adjusters—friends or allies. Insurance companies are not in the business of giving money away. Like most businesses, an adjuster's ultimate loyalty is to the company's bottom line, not to the payment of all damages to an injured person. Additionally, each adjuster has his or her own biases and motivations to evaluate a claim for a lower value than it is really worth. In most instances, in a third party liability claim, an accident victim's best interests is not a priority and often not even a factor in the insurance company's decision.

Insurance companies often deploy a number of shady—but legal—tactics in an effort to reduce their financial obligation to accident victims. Sadly, delays or gaps in medical care are used by insurance companies to instill doubt in the claim of injury or the extent of the injury. Insurance companies will do all they can to discredit an accident victim's injury claims.

The Importance of Seeking Immediate Medical Care

Seeking a medical evaluation immediately after a car accident is absolutely vital, even if the victim doesn't think they're seriously injured—or even injured at all. Doctors, especially those who frequently treat car accident victims, are trained to spot injuries that the victim might not notice, such as those masked by the release of adrenaline during the crash.

Also, receiving a thorough medical evaluation after a car accident starts the documentation of evidence that may end up playing a central role in a future personal injury insurance claim or lawsuit. Victims who initially thought that they weren't injured or that their injuries weren't “that bad” may have late-appearing injuries or injuries that worsen with time. Without medical documentation connecting these injuries to the accident, the other party's insurance company or defense attorney may claim that they are completely unrelated to the crash or made up after the fact.

Follow-Up Medical Care After a Car Accident Is Crucial

There are a number of reasons why follow-up medical care is so important after a car accident:

Not all car accident injuries are immediately detectable—some may be masked by the rush of adrenaline, while the effects of other injuries may over power other injuries which are not so noticeable, even other injuries are only detectable when the injury victim attempts to resume his or her normal activities days later. Following up with a treating physician or a primary care doctor can help accident victims ensure serious injuries aren't overlooked, and that late-appearing injuries are documented as being related to the accident.

Waiting too long to have a medical evaluation or failing to follow up with the doctor can damage an accident victim's case. The more time between that passes between an accident and timing of the treatment for the alleged injuries, the greater the doubt will be in the seriousness of the injuries and the connection between the collision and the injuries. If an accident victim develops accident-related injuries and that individual does not treat those injuries in a timely manner, the victim loses the ability to have a third party document the injuries, loses the ability to argue the seriousness of the injury and increases the likelihood that the insurance company or defense lawyer will claim that those injuries were caused by something other than the accident.

Seeking an immediate medical evaluation, adhering to the prescribed treatment plan and following up with the doctor shows that the accident victim is doing their part to recover from their injuries.

Nearly all accident victims who secure early and consistent care recover from their injuries at a much more rapid pace than those who hope they will get better.

Fewer long term side effects or consequences result from the injuries when early and consistent treatment is sought.

Consult an Experienced California Car Accident Lawyer

If you were seriously injured in a car accident caused by another person or entity's negligence, you may be entitled to compensation. Seeking prompt medical attention and following up with your doctor can help you build a strong case. Do you have questions about your car accident case? Contact the Inland Empire Law Group today at (909) 481-0100 or toll free at (888) 694-3529 to schedule a free, no-obligation initial consultation.

Being injured in an auto accident is stressful enough without having to worry about unethical lawyers trying to profit off your misfortune. Unfortunately, attorneys who use runners and cappers, or who engage in that conduct themselves, are violating the law and acting unethical.

About Runners, Cappers and "Ambulance Chasers"

A runner or capper is anyone who is acting as an agent of an attorney to secure business for the law firm. Typically, this is a person who approaches an accident victim or the family's victim soon after an accident to persuade them to sign up as a client. These individuals are not lawyers themselves, but are generally paid a flat fee for each person they bring to the firm with a bonus for cases that involve above-average settlements. The general public sometimes refers to runners and cappers as "ambulance chasers."

Runners and cappers are taking advantage of injured persons when they are the most vulnerable. They know it is impossible to adequately research a lawyer's qualifications when the victim is in the hospital or the family is grieving over a death. Frankly, they utilize the emotional difficulty as a tool to manipulate the victim into believing they are need to sign a retainer agreement immediately.

Attorneys who use runners and cappers do not have your best interests at heart if they are willing to violate the law merely to sign up a client. Many of these attorneys are looking for a quick profit, which means they will push you to settle your case as soon as possible. Typically, this may result in a settlement that's insufficient for your medical expenses, lost wages, and pain and suffering.

What Happens After Being Capped and Settled

According to the California Business and Professions Code §6152(a)(2), it is against the law for an attorney to use a runner or capper. This means that a contract obtained in this manner cannot be enforced, so you are entitled to a refund of the legal fees paid to your attorney if you have been capped and settled. However, in order to recover from your attorney who capped your case is to hire another attorney to pursue your right to a refund of your attorney's fees paid by you to the lawyer. Additionally, the attorney engaging in this illegal conduct can also be criminally prosecuted.

Choosing an Ethical Personal Injury Attorney in California

An experienced personal injury attorney who adheres to a strict code of ethics does not rely on any sort of paid referrals to solicit new business. Instead, the attorney will advertise through traditional means and obtain voluntary word of mouth recommendations from past satisfied clients.

If you have suffered injuries in a car accident, the legal team at Inland Empire Law Group can legitimately help. Additionally, the Inland Empire Law Group is willing to help victims receive refunds from attorneys who violate the law and use cappers and runners to get clients. Call today to schedule a free, no-obligation case review. (909) 481-0100 or (760) 243-9100.

]]>https://www.davidrickslaw.com/blog/capped-and-settled-you-are-legally-entitled-to-a-refund.cfmwww.davidrickslaw.com-178414Wed, 19 Sep 2018 09:00:00 ESTVehicles operated for commercial purposes—such as semi-trucks, big-rigs, buses, delivery vans, tow trucks, hotel shuttles and taxi cabs—are tasked with safely sharing the road with other vehicles and motorists. Unfortunately, that expectation isn't always a reality. Accidents between commercial and private vehicles can and do happen—and the results can be catastrophic.

After suffering injuries in an accident caused by a negligent commercial driver, you may be entitled to compensation for medical expenses and other damages. Here's what you need to know before taking legal action.

Supervisors who encourage drivers to violate hours-of-service regulations in order to complete routes more quickly

Negligent hiring and supervision practices

Poorly maintained vehicles

Drowsy or distracted truck drivers

Motorist error, such as driving in a truck's blind spots

Injuries Associated With Commercial Crashes

The injuries sustained in a commercial vehicle accident can be quite serious—especially if the commercial vehicle in question is an up-to-80,000 pound large truck or bus. Injuries commonly associated with commercial vehicle crashes include:

Lacerations and contusions

Broken or crushed bones

Back and neck injuries

Head injuries, including concussions and traumatic brain injuries (TBIs)

Internal bleeding and organ damage

Spinal cord injuries, including partial or total temporary or permanent paralysis

Whiplash and other soft-tissue injuries

Wrongful death

Potentially Liable Parties

After being in a commercial vehicle crash, accident victims often wonder who they can hold responsible for their injuries and other losses. The answer to that question depends largely on the circumstances of the collision, but potentially liable parties may include:

The at-fault commercial driver. The driver of the commercial vehicle that caused the accident is the most logical person to name in a personal injury lawsuit. However, they may not be the only one with legal liability for what occurred.

The company that employs the commercial driver. In most cases where there is an employer involved with the driver, accident victims may be able to hold the commercial driver's company responsible as well. Companies may be liable for accidents and injuries caused by their driver due to their position as an employer of the driver. Additional direct liability can arise from negligent hiring, training, and supervisory practices, imposing unrealistic schedules, or encouraging drivers to violate federal safety regulations.

Manufacturers of defective commercial vehicle components. Some commercial accidents may not be caused by a driver or company's unsafe actions, but by a defectively manufactured vehicle component. In such a case, the truck or part manufacturer may share liability.

The government agency tasked with maintaining the road where the accident occurred. In more rare instances, commercial vehicle accidents can be caused by defects in a poorly maintained road. In such cases, the government agency responsible for the road's upkeep and maintenance may share in liability.

Available Damages

Victims injured in commercial vehicle accidents can seek compensation from two main categories of damages: economic and non-economic. Economic damages are quantifiable losses, such as accident-related medical expenses, property damages, lost wages, and loss of earning capacity. Non-economic losses, on the other hand, are harder to quantify and include things like physical pain and suffering, mental and emotional anguish, scarring or disfigurement, and loss of enjoyment of life.

Consult an Experienced Truck Accident Attorney

If you were injured in an accident with a commercial vehicle, it's important to understand your legal rights and options. The knowledgeable attorneys with the Inland Empire Law Group can review the facts of your case and help you explore your options for compensation. Contact the Inland Empire Law Group today at (888) 694-3529 to schedule an appointment for a free initial case consultation.

]]>https://www.davidrickslaw.com/library/commercial-vehicle-crashes.cfmwww.davidrickslaw.com-121492Sun, 16 Sep 2018 09:00:00 ESTIn the United States, injuries sustained in slip and fall accidents send more than one million people to the emergency room each year. Though fractures, bumps, and bruises are the most common injuries related to slips and falls, these injuries can actually lead to something more sinister—the development of potentially deadly blood clots.

Deep vein thrombosis (DVT) and pulmonary embolism (PE) are two of the most dangerous types of blood clots. DVT occurs when a blood clot forms in a deep vein in an arm or leg, while PE occurs when a DVT clot breaks free and travels to a lung. Known together as venous thromboembolism, or VTE, DVT and PE blood clots affect as many as 900,000 Americans each year and kill approximately 100,000 people annually, according to the Centers for Disease Control and Prevention (CDC).

If you developed a serious blood clot after a slip-and-fall accident, you may be entitled to compensation. Here's what you need to know.

Slip and Fall Victims Are Prone to Blood Clots

Slip and fall accidents often result in injuries to the legs or tailbone which, in turn, may require restricted movement during the recovery process. Unfortunately, reducing mobility makes the victim even more likely to develop blood clots.

Slip and fall victims are also more prone to the development of blood clots because of the types of injuries sustained in a slip and fall incident. When a blood vessel is damaged due to broken bones, blunt force trauma, severe bruises or significant muscle injuries, the blood around the vessel can become sticky and form a clot. These clots do not necessarily show up immediately, but may occur several days or weeks later.

Minor Injuries Can Lead to Major Issues

Even if a slip and fall seems relatively minor, it can still have serious consequences on a victim's health. The injuries sustained don't have to be severe in order to raise the victim's risk of developing a blood clot. The results of a 2008 study found that as many as one in three blood clots were related to seemingly insignificant problems like ankle sprains, muscle tears, or bruises.

Symptoms Associated With Deep Vein Thrombosis

DVTs can be difficult for slip and fall victims to catch early, as they may cause no noticeable symptoms or be mistaken for less serious conditions, such as shin splints, a Charley horse, or twisted ankle. Regardless, slip and fall victims should keep an eye out for symptoms such as:

Swelling of an injured arm or leg

Feelings of warmth

Pain, tenderness, or cramping

Red or discolored skin

Prominent, visible veins

Symptoms Associated With Pulmonary Embolism

When a deep-vein blood clot breaks free and makes its way to a lung, a slip and fall victim can experience a life-threatening PE. Symptoms of a blood clot in the lungs include:

Coughing up blood

Chest pain

Rapid heartbeat

Difficulty breathing

Painful breathing

Blood Clots: Who's Most at Risk?

Slip and fall victims are not the only ones at an increased risk of developing blood clots. People who are older, pregnant, or overweight; who have cancer, a vein disease, blood-clotting disorder, or a close family member with VTE; or who use cigarettes, birth control pills, or hormone replacement therapies are more likely to develop VTE than younger, healthier people, according to WebMD.

Additionally, people who've had a previous DVT or PE are more likely to experience a life-threatening VTE in the future. In fact, research from the CDC shows that 3 in 10 people diagnosed with a blood clot will face a subsequent VTE incident within 10 years.

Do You Need a Knowledgeable Slip and Fall Accident Lawyer in Rancho Cucamonga?

If you were injured in a slip-and-fall accident and then went on to develop life-threatening blood clots, you may be eligible to seek a financial recovery for both injuries. The skilled slip and fall attorneys with the Inland Empire Law Group can help you explore your legal options and pursue every possible avenue for compensation. Contact the Inland Empire Law Group today at (888) 694-3529 to schedule an appointment for a free initial case consultation.

]]>https://www.davidrickslaw.com/library/slip-and-fall-blood-clots.cfmwww.davidrickslaw.com-120527Wed, 12 Sep 2018 09:00:00 ESTDogs may be “man's best friend,” but even the most lovable furry companion can lash out and bite a human under the right—or, rather, wrong—circumstances. In fact, according to the Centers for Disease Control and Prevention (CDC), an estimated 4.7 million dog bite attacks occur in the United States each year. Nearly 800,000 of those dog bite victims seek some form of medical care for their wounds, while approximately 334,000 suffer injuries significant enough to warrant a trip to the emergency room.

Injuries sustained in a non-fatal dog bite attack can include contusions, broken bones, lacerations which may become infected, and nerve damage. Though nerve damage may not seem like an obvious dog bite injury, it is a surprisingly common injury among the victims of dog bite attacks. Dogs may be domesticated, but they still retain the sharp teeth and jaw strength of their wilder wolf counterparts. Studies show that when large dogs bite, they can apply between 200 and 300 pounds of pressure per square inch. When these bites occur in areas where the nerves run just under the skin—such as the neck, torso, thighs, stomach or hands— some nerve damage is almost inevitable.

If you suffered nerve damage and other injuries in a dog bite attack, you may be entitled to compensation from the animal's owner. Here's what you need to know before taking legal action.

Types of Nerve Damage Associated With Dog Bite Injuries

Healthy nerves allow for the relay of messages between the brain and the various parts of the body. When nerves sustain damage, it can prevent the relay of messages which, in turn, can affect sensory and motor functions. However, how nerve damage affects the body depends largely on the severity and location of the dog bite injuries.

When a dog bites and its teeth puncture the skin, it can also sever nerves in the process. Even if a dog's teeth don't penetrate the skin, the crushing power of the jaws can deliver enough force to compress, stretch, or tear nerves. There are three specific types of nerve damage that can occur in dog bite attacks. These include:

Neurapraxia. Often caused by the compression of a nerve, neurapraxia is the least serious of the three types of dog bite nerve damage. It can cause a temporary loss of sensation and motor functions that can last for hours, days, weeks or even months. However, with the proper medical support, most dog bite attack victims with neurapraxia recover fully over time.

Axonotmesis. Dog bite attack victims whose nerves were severely stretched, but not severed, may suffer from a more serious form of nerve damage known as axonotmesis. This kind of nerve damage can lead to paralysis, though this paralysis often proves to be temporary. While most victims with axonotmesis recover, a full recovery can take weeks, months or even years.

Neurotmesis. When nerves are completely severed or damaged beyond repair, dog bite attack victims may be diagnosed with neurotmesis. This is the most serious type of dog bite nerve damage. Most victims with neurotmesis suffer permanent damage that results in a permanent loss of sensation or function. However, in some cases, prompt medical treatment and long-term rehabilitative therapies can help victims make at least a partial recovery.

When nerve damage sustained in a dog bite attack affects a victim's sensory and motor functions, it can also dramatically impact other areas of their lives. Victims may require expensive and extensive medical care to recover or, if recovering from their injuries isn't possible, to manage their symptoms. If they are unable to perform the job they were doing prior to the attack, they may find themselves forced into a different position that pays less.

If you were diagnosed with nerve damage following a dog bite attack, the experienced attorneys with the Inland Empire Law Group can review the facts of your case and help you explore your options for compensation. Contact us today at (888) 694-3529 to schedule an appointment for a free initial case analysis.

]]>https://www.davidrickslaw.com/library/dog-bite-nerve-damage.cfmwww.davidrickslaw.com-120525Mon, 10 Sep 2018 09:00:00 ESTSerious slips, trips, and falls occur far more often than most people realize. These dangerous accidents can happen just about anywhere, such as, homes, office buildings, grocery stores, parking lots, and walkways to name a few places. Slip and fall accidents are sometimes the fault of the injured person, but most times they are, at least in part, the result of negligent conduct on the part of the property manager, owner, or landlord.

Slip and fall, and similarly trip and fall, accidents will occur without warning and the victim will find him or herself on the ground dazed from the event. Despite this sudden injury, it's extremely important the injured slip and fall victim understand how to protect their rights at that moment. Knowing what to do, and what not to do, after a slip or fall can help the accident victim avoid future pitfalls that could damage their ability to bring a slip and fall case for compensation.

If you were injured in a slip and fall accident, you may have grounds for a personal injury case; these cases are called premises liability claims. Here are some tips you need to know.

What to Do After a Slip or Trip and Fall Accident

What victims do in the moments, days, and weeks following a slip and fall accident can have a long-lasting impact on their ability to recover monetary compensation for damages. Taking the following actions can help people who have been injured in a slip and fall accident build a strong case:

Report the accident. Notify a manager, landlord, or property owner immediately following the incident and ask them to make a written report. Request a copy of the accident report before leaving the premises. Make sure someone knows of your fall and its cause before you leave the location, if at all possible.

Examine the scene. Inspect the area where the fall occurred to identify the cause. Look for things like snow, rain, oil on the surface of the floor, uneven or broken flooring or other objects that created a hazard.

Gather evidence. Take photos or videos of the scene of the slip and fall location. It is very possible that the cause of your fall will be gone shortly after your fall so documenting the hazard preserves your evidence before it is destroyed, removed or evaporates. Also, photo document any visible injuries sustained in the slip and fall.

Obtain contact information and statements from witnesses. In a slip and fall in a store, often there are witnesses such as other customers or employees. Obtaining the contact information for these witnesses—as well as a brief description of what they saw—provides valuable information for the slip and fall attorney that will be prosecuting the case.

Seek immediate medical attention. Even if no injuries are immediately apparent, it's important for slip and fall victims to get medically evaluated as soon as possible. Recorded medical information helps show the injury status following the fall and records a substantiation from an objective medical provider. In the end, it makes it easier for victims to connect all the injuries, even the ones that appear later, to the fall itself.

Document medical expenses and lost wages. Save all related medical bills or receipts, and document time lost from work. Secure a doctor's order for your time off work so your decision not to work is supported by a medical provider's opinion.

Keep a journal detailing how slip and fall injuries affect day-to-day activities. A recorded journal will help support claims for non-economic damages, such as pain and suffering and how the injury has altered your life. Also, a journal helps your remember events that may be forgotten over time while the case is being handled by the slip and fall attorney.

Consult an experienced personal injury attorney. After a slip and fall accident, it is critical to speak with a slip and fall lawyer soon after the fall. Evidence is quickly lost in slip and fall cases and the lawyer needs the advantage of being able to gather information early before it is gone. Also, the slip and fall victim needs to have someone who will look out for their best interests.

What Not to Do After a Slip or Trip and Fall Accident

These common mistakes can seriously damage a slip or trip and fall accident victim's ability to collect the compensation from a negligent person or business. For best results, victims should not:

Apologize or accept blame. Saying “sorry” is an automatic reaction for some people, but accepting blame for a slip or fall can make it difficult for a victim to point the finger at the real responsible person.

Refuse or delay medical treatment. Putting on a brave face and delaying or refusing medical treatment can be a costly error. Victims who refuse or wait too long to seek medical treatment often have a hard time proving their injuries were related to the slip and fall incident.

Fail to follow the doctor's orders or attend follow-up visits. Failing comply with a doctor's orders is taken by the opposing side as evidence that the slip and fall victim was not injured that bad. This failure will allow an insurance adjuster or defense attorney to assert that later claims of injuries are exaggerated by the victim.

Provide a recorded statement to the insurance company without first consulting an attorney. Insurance adjusters may use what a victim says in a recorded statement against them in an attempt to reduce the company's financial obligation. An attorney will help prevent such a statement from being used to defeat a slip and fall claim.

Post about the accident on social media. Insurance adjusters and defense attorneys often scrutinize a victim's social media posts to look for things that they can misconstrue. It's best to refrain from posting on social media until the case is resolved. You do not want to claim you were seriously injured, then be found posting that you are engaging in activities which are inconsistent with your claims.

Accept a settlement without discussing it with an attorney. A quick settlement offer may sound like a boon, but it's important for victims to know that insurance companies will attempt to get a person to agree to a quick settlement to avoid paying out more money later on. Do not agree to accept any settlement offer until that offer has been reviewed by an attorney. Even a phone call interview with a law office is better than settling without the benefit of a lawyer's opinion.

Were You Injured in a Slip and Fall Accident?

It's important to understand your legal rights and options after a slip or trip and fall accident. The knowledgeable Rancho Cucamonga, CA slip and fall attorneys and paralegals at the Inland Empire Law Group can answer your questions and offer valuable information. Contact us today at (888) 694-3529, (909) 481-0100 or submit your case online on our website, to schedule an appointment for a free initial case consultation.

]]>https://www.davidrickslaw.com/library/after-a-slip-and-fall.cfmwww.davidrickslaw.com-122085Sun, 09 Sep 2018 19:00:00 ESTAlmost all claims against doctors or other medical providers are going to fall under the umbrella of medical negligence. But there are some types of claims which are defined as medical battery instead of medical negligence. The law generally defines three types of medical battery claims which fall outside of medical negligence. One type occurs when a physician performs a medical procedure on a patient when no consent has been obtained from the patient. This form of battery excludes a situation when the doctor performs an emergency procedure to save the life of the patient or to prevent serious harm to the patient. The likelihood of a patient having this type of medical battery claim is very remote, but it can exist.

Medical Battery in California

Another form of medical battery is based upon a violation of conditional consent. A patient indicates to the physician if one thing is found or occurs during the procedure, then the doctor is authorized to perform a further procedure. The doctor proceeds with the secondary procedure without having the initial condition occur. An example of this is that if the doctor finds damage to an organ, then the patient gives permission to remove the organ. When the doctor performs the procedure, the organ is not found to be damaged, but the doctor goes ahead and removes the organ anyway.

The more likely medical battery claim comes from a situation where the patient gives consent to perform one procedure, but the physician on his or her own performs a substantially different procedure than that which was consented to by the patient. Once again, there is the exception to rule when the life or immediate health of the patient is in jeopardy and the physician believes the deviation is necessary to protect the patient. This subject belief can be challenged by the patient.

Prove Your Medical Battery Claim

A patient who believes he or she suffered a medical battery must establish the following elements to prove the claim of medical battery:

That the doctor performed the procedure without any consent,

or,

that the patient consented to one procedure by the physician performed a substantially different medical procedure;

That the patient was harmed; and,That the physician’s conduct was a substantial factor in causing the harm.

It should be noted that a patient can give consent in writing, by conduct or orally, so all these factors need to be considered.

Examples of Medical Battery

If a woman needs to have fibroids removed from her uterus and she provides consent for a myomectomy (procedure to remove fibroids and preserve the uterus), but the doctor believes she would be better off with a hysterectomy, so he performs a hysterectomy instead of the myomectomy, contrary to the patient’s desires. Another example is when a doctor receives consent to remove a small scrotal mass for testing, but the doctor decides, without testing the mass that the patient has cancer and removes substantial tissues from the patient’s penis, thereby leaving him impotent. After testing, the mass is found to be benign and not malignant cancer. A final example is when a plastic surgeon recommends breast implants during a procedure but the patient indicates that she does not want implants. During the surgery, the doctor goes ahead and performs a breast enlargement procedure. (Each of these are actual cases.)

Medical battery is very different from medical malpractice, so the courts have indicated that the medical malpractice limit on general (non-economic) damages does not apply to a medical battery case. One additional advantage for the patient who has suffered harm from a medical battery is that if the act of the physician is clearly not consistent with the consent given, a medical expert witness is not required to testify on this issue of battery, even though it is generally good to have that added benefit at trial.

Our Rancho Cucamonga, California Medical Malpractice Attorneys Are Here to Help You

If you believe you or a loved one suffered significant damages due to a doctor’s medical battery or negligence, you need to promptly consult with a medical malpractice attorney. At the Inland Empire Law Group we have significant experience in handling medical battery claims. Call today to determine if you have a legal right against a doctor or medical provider. Call now at 909-481-0100 for an initial over the phone review of your case, and for a possible free consultation with our Medical Malpractice Lawyers.